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Agenda 02/28/2012 Item #16D92;28/2012 Item 16.D.9. EXECUTIVE SUMMARY Recommendation to approve execution of the Florida Boating Improvement Program (FBIP) Site Dedication Instrument for the boat ramp area at Bayview Park, at a cost not to exceed $27.50. OBJECTIVE: To comply with the terms of Sections 20 and 21 of the Florida Boating Improvement Program Grant Agreement (Contract No. 08079) entered into between Collier County Board of County Commissioners (Board) and the Florida Fish and Wildlife Conservation Commission (FBIP Grant Agreement). CONSIDERATIONS: On October 28, 2008 the Board approved the County's entering into the FBIP Grant Agreement as set forth in Agenda Item 16D25. Pursuant to the terms of the Grant Application, specifically Sections 20 and 21, upon completion of the improvements, the boat ramp area will be dedicated for a minimum of twenty (20) _years as a boating access facility for the use and benefit of the general public. The dedication shall be recorded in the Public Records by the County. A location map identifying the location of the Bayview Park property being dedicated is attached for reference. FISCAL IMPACT: Funds not exceeding $27.50 to record the Site Dedication are available in the budget in Coastal Zone Management Fund 346, Cost Center 110418, under Project 80060. LEGAL CONSIDERATIONS: The attached Site Dedication has been approved for form and legal sufficiency. This item requires a majority vote for approval. -JBW GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board: 1. Approves, and authorizes the Chairman to execute, the attached Site Dedication. 2. Directs the County Manager or his designee to proceed to record the Site Dedication in the Public Records of Collier County, Florida. Prepared Bv: Sue Jim Zimmerman, Property Acquisition Specialist; Real Property Management, Department of Facilities Management Packet Page -1735- 2/28/2012 Item 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9. Item Summary: Recommendation to approve execution of the Florida Boating Improvement Program (FBIP) Site Dedication Instrument for the boat ramp area at Bayview Park, at a cost not to exceed $27.50. Meeting Date: 2/28/2012 Prepared By Name: ZimmermanSue Title: Property Acquisition Specialist,Facilities Managem 2/2/2012 2:44:21 PM Submitted by Title: Property Acquisition Specialist,Facilities Managem Name: ZimmermanSue 2/2/2012 2:44:24 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/6/2012 10:44:33 AM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 2/6/2012 2:41:35 PM Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 2/7/2012 5:31:22 PM Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 2/10/2012 1:09:25 PM Packet Page -1736- Name: Alonsoflailey Title: Administrative Assistant,Domestic Animal Services Date: 2/10/2012 3:46:26 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 2/12/2012 7:48:07 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 2/13/2012 10:58:31 AM Name: RamseyMarla Title: Administrator, Public Services Date: 2/13/2012 4:52:59 PM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:32:10 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 2/21/2012 11:23:29 AM Name: OchsLeo Title: County Manager Date: 2/21/2012 5:26:11 PM Packet Page -1737- 2/28/2012 Item 16.D.9. PROJECT: CZM - Bayview Park FBIP Grant Folio No.: 20764120002 Site Dedication Approved by the BCC - ____ 2012, Agenda item # _ SITE DEDICATION 2/28/2012 Item 16.D.9. This Site Dedication gives notice that the Real Property identified as described in Exhibit A, Legal Description, attached hereto, (the "Property ") has been developed with financial assistance provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission, under the grant program called the Florida Boating Improvement Program (FBIP). In accordance with Chapter 68- 1.003, F.A.C., and the Program Guidelines of the FBIP, the Property is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: JeJ nnff"-4r 6. White, Assistant County Attorney BY: FRED W. COYLE, Chairman Packet Page -1738- 2/28/2012 Item 16.D.9. THENCE CONTINUE ALONG SAID EAST LINE OF PARCEL 1, &I LID 06'59'32" WEST, FOR A DISTANCE OF 122.78 FEET; THENCE SOUTH 13*48'41" WEST, FOR A DISTANCE OF 336.54 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE RUN NORTH 46*34-'19" LO ALONG THE SOUTH LINE OF PARCEL 1, FOR A DISTANCE OF 57.00 FEET; CV DESCRIPTION FOR A DISTANCE OF 67.86 FEET; THENCE NORTH 13*46'27" EAST, FOR A DISTANCE A PARCEL OF LAND LYING IN T-IE SOJTH HALF OF THE SOUTLiEAST FOR A DISTANCE QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 50 FOR A DISTANCE SOUTH, RANGE 25 EAST, CITY OF NAPLES, COLLIER COUNTY, FLORIDA, FOR A DISTANCE BEING A PORTION OF PARCEL 1' AS DESCRIBED IN OFFICIAL RECORDS > Cal z DISTANCE BOOK 015, PAGES 741 THROUGH 752 07 THE PUBLIC RECORDS OF FOR A DISTANCE COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE il­l Z v) SOUTHEAST QUARTER OF THE HE NORTHEAST QUARTER OF SAID SECTION 22, THENCE RUN SOUTH 89'17'40" WEST ALONG THE NORTH LINE OF SAID FRACTION, FOR A DISTANCE OF 524.49 FEET; THENCE LEAVING Cz SAID NORTH LINE, SOUTH 0659'3" WEST, FOR A DISTANCE OF 81.72 <- CL X., FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 1 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; M THENCE CONTINUE ALONG SAID EAST LINE OF PARCEL 1, SOUTH 06'59'32" WEST, FOR A DISTANCE OF 122.78 FEET; THENCE SOUTH 13*48'41" WEST, FOR A DISTANCE OF 336.54 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE RUN NORTH 46*34-'19" WEST ALONG THE SOUTH LINE OF PARCEL 1, FOR A DISTANCE OF 57.00 FEET; THENCE IN AND THROUGH SAID PARCEL 1, NORTH 13-4543" EAST, FOR A DISTANCE OF 55.00 FEET; THENCE NORTH 5*1758" EAST, FOR A DISTANCE OF 67.86 FEET; THENCE NORTH 13*46'27" EAST, FOR A DISTANCE OF 120.00 FEET: THENCE NORTH 77'03'1 L" WEST, FOR A DISTANCE OF 51,29 FEET; THENCE NORTH 12'45'07" EAST, FOR A DISTANCE OF 96.902 FEET; THENCE SOUTH 76*46'52" EAST, FOR A DISTANCE OF 43.82 FEET; THENCE NORTH 7*27'29" EAST, FOR A DISTANCE OF 84.50 FEET; THENCE SOUTH 83'08'28" EAST, FOR A DISTANCE OF 64.116 FEET TO THE POINT OF BEGINNING. CONTAINING 0.70 ACRES, MORE OR LESS, NOTES: 1. 67-ARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 22, BEING SOUTH 89'17'40 WFEEST AS STATED IN OFFICIAL RECORDS BOOK 1015, PAGES 741 THROUGH 752. 2. DIMENSION'S SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. 3. THIS SKETCH & DESCRIPTION IS NQj VALID '011THOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT OFTHE SIGNING PARTY. EXHIBIT-A- Page I of a Packet Page -1739- M < ;> t* 0 z Cz <- CL X., M C14 4d Vj Cr :D Z) V) M < ;> 0 z 2/28/2012 Item 16.D.9. 1 UL, I\CL rpSC -1 /YV PPage !T Ut �_ _ NAP ES BAYVIEW` / PB 2, PC I 91 cIo 1'_ A CE 2 52 ' 50 40 48 47 4,6 45 ; OR 786. PG 1897 51 ; OR 1015, PG 741 I/I I I n - and ti N01R H UNE .OF THE S11/2 Or THE l S� SE 1 4 OF T ff NE 1/4 OF SECTION 22 "PUBLIC PARK" PS 2, PG 91 S 89'17'40" W(D) DANFORD STREET 524.49'(D) E � � 3:82' 60' WIDE RIGHT —OF —WAY N 7.27,2a„ E 8 84:50' PB2.PC91 �— — — — — — —S 6'59'32" W(J)r— / 0 U 81.72'(C) Ez SS�� N F7 POB ° .N., C14 �r o uS •a Ntt z ^ �PARCEL 1 WQ OR 748, PG 1875 is W v OR 786, PG 1897 U +y x ^�v �\ OR 1015, PC 741 - BAYVIEW PARK b o ti PHASE 1 h Q) CJ v' > \ p m W n �t 07 V U ti cc � 3 > '�7' .00H• Z o ✓; m cz C7 ��,' cz O c • o` a N 46 °34'19" W(0)- - p cc q D 57,00'(C) ,.., a o U Zs UP G' 40' 80' 760' °2 5 � $ GO SCALE: 1" = 80' THIS PLAN MAY HAVE .BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY .SCALE FOR REPRODUCTlOIJ REASONS H w _ • Li J m L LINE TABLE d c LEGEND LINE � BEARING DISTANCE rn w (C) CALCULATED L1 N 13'48'43" E .55.00' o y tD; DEED DATA v a CENTERLINE L2 N � 17'.58" E 6?:86' v ix i LB LICENSED BUSINESS BOOK L3 N 7TO3'14" 5' .��' � Q o M w PG PAGE L4 � N ; 2'45'O7° E j 86.57_' POC POINT OF COMMENCEMENT PO"B POINT OF BEGINNING L5 S 76"46'52" a N y OR OFFICIAL RECORDS 80CIK T PSM OROFESSIONAL SURVEYOR AND MAPPER L7 S 83'08''28" E fi4.16" ' v° y w e w m e O ,�� ti w� 61-- 1 UL, I\CL rpSC -1 /YV PPage !T Ut �_ E � � 3:82' L6 � N N 7.27,2a„ E 8 84:50' !T Ut �_ 0 V— E N T- O N 00 N N Bayview Park Grant Site Dedication Location Map v a� Ile V m d — - - - 2/28/2012 Item 16.D.9. Agenda Item No. 16D25 October 28, 2008 Page 4 of 22 FWC Contract No. 06079 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3300 Santa Barbara Boulevard, Naples, Florida 34116, hereafter "GRANTEE" to conduct a two phase project entitled Bayview Park Improvements, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program! NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: GRANTEE ELIGIBILITY 1, By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good -faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 267, F.S., and all other applicable rules and laws. 2. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request SCOPE OF SERVICES 3. It is understood and agreed that this Agreement shall consist of two phases: Phase I — Project Construction, and Phase II — Project Management. During Phase I the GRANTEE shall complete the project, as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and Florida Boating Improvement Program (FBIP) Grant Application No. 06 -021, incorporated herein by reference. All Phase I activities must be completed during the time span provided herein for that portion of.the Agreement. During Phase 11 the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. 4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 5. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub- grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 6. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. Page 1 of 10 Packet Page -1742- --- - - - --- -- -- - 2/28/2012 Item 16.D.9. Agenda Item No. 161D25 October 28, 2008 Page 6 of 22 FWC Contract No. 08079 REPORTING REQUIREMENTS 16. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION, Attachment B, attached hereto and made a part hereof, and due to the COMMISSION's Program Administrator by the 15'h of each month until the Certification of Completion is submitted. 17. During Phase 1, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. 18. Upon completion of Phase 1, the Project Manager for the GRANTEE shall sign a Certification of Completion form, Attachment C, attached hereto and made a part hereof, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications and the terms of this Agreement. PROJECT INSPECTION 19, The COMMISSION may, inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. SITE DEDICATION 20. The GRANTEE agrees that land owned by the GRANTEE that is developed with Program funds shall be dedicated for a minimum of twenty (20) years as a site for the use and benefit of the public. The dedication shall be recorded in public property records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, interlocal agreement or other similar instrument) and developed with Program funds shall be managed by the GRANTEE for a minimum period of twenty (20) years from the completion date set forth in the Project Certification of Completion (Attachment C), Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 21. Should the GRANTEE, within the 20 -year period set forth above, convert all or any part of the Project to other than COMMISSION approved uses, the GRANTEE shall replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project. TERM OF AGREEMENT 22. This Agreement shall begin upon execution by both parties and end June 15, 2030, inclusive. However, the GRANTEE shall complete all Phase I project services on or before June 15, 2010, The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. Page 3 of 10 Packet Page -1743- 2/28/2012 Item 16.D.9. FVVC Contract No. 08079 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD FLORIDA FISH AND WILDLIFE OF CO TY COM ISSIONERS; CONSERVATION COMMISSION C Chairman, or designee* 9 Executive Director, or designee lo — 11 j 669 Date Date -rOkA AAWAIN Approve s 5 nd legality: Name (Print) 27) csjk�a gqk�w cvwsl�y 'I Grantee Name Commiss&W-torn-ey - 330% TT��4 Tfkkk el Address r4wlies 1 FL- Mkka� City, State, and Zip Code 5R -WW rD5 9 Federal Employer Identification Number (FEID) Approved to form and legality: eg—B,tjr Grantee Attorney List of attachments/exhibits included as part of this Agreement: ATTEST: DWIGHT !�,'STR # Attachment A. Scope of Work Attachment B: Monthly progress report form Attachment C: Certification of Completion form Attachment D: Sample invoice form Attachment E: Comptroller Cost Reimbursement Requirements Attachment F: FederaltFlonda Single Audit Act Requirements Exhibit 1: Funds awarded pursuant to agreement If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 10 of 10 Packet Page -1744-